Thrasher v. Thrasher

BARNARD, P. J. Motion by respondent to dismiss appeal ' on the ground that no transcript has been filed and that proceedings for the preparation of a record have been terminated in the trial court. From the certificate of the county clerk it appears that judgment was entered on February 21, 1.938; that a motion for a new trial was denied on April 25, 1938; that notice to the clerk to prepare a transcript was filed on May 31, 1938; that no further steps have been taken by the appellant since said date with respect to preparing a record; that on February 26, 1939, on motion, an order was made in the trial court terminating any proceedings for the preparation of a record; that no proceedings for the preparation of a bill of exceptions or of a transcript are now pending before said court; and that the time therefor has expired. The motion must, therefore, be granted. (Bruce v. Tunstall, 24 Cal. App. (2d) 370 [75 Pac. (2d) 120]; Christensen v. Couey, 136 Cal. App. 268 [28 Pac. (2d) 689].) The appeal is dismissed. Marks, J., and Griffin, J., concurred.